header-logo header-logo

08 December 2017
Issue: 7773 / Categories: Legal News , Human rights
printer mail-detail

Legal aid barrier for domestic violence survivors lifted

An unpopular rule that acted as a barrier to legal aid for domestic violence survivors is to be dropped, in a major victory for campaigners.

The Ministry of Justice (MoJ) confirmed this week that legal aid rules affecting survivors of domestic violence will be amended as of January 2018. It will scrap a time limit on evidence that meant survivors had to show they had suffered abuse within the past five years to be granted legal aid for advice and representation in disputed family court hearings.

The MoJ will also widen the types of evidence that can be supplied to prove abuse. In future, statements from domestic violence support organisations and housing support officers can be used.

Legal advice charity Rights of Women (ROW) brought a successful judicial review in 2016 that led to the MoJ reviewing the current rules. In the hearing, ROW gave evidence that the rules meant 40% of women survivors could not meet the evidence requirements, which meant they then had to face their abusers in court by themselves.

Estelle du Boulay, director of ROW, said: ‘The previous system was so clearly unjust, leaving many genuine survivors unable to access the legal aid they were entitled to, because the evidence requirements were narrow, onerous and unrealistic.

‘We fought the government through the courts to bring in these reforms. We are particularly grateful to the many women survivors who provided testimony that enabled us to prove our case. Their voices have finally been listened to today. This is a landmark win in relation to access to justice.’

Justice Minister Dominic Raab said: ‘These changes make sure that vulnerable women and children get legal support, so their voice is properly heard in court.’

Issue: 7773 / Categories: Legal News , Human rights
printer mail-details

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll